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— � � �� �� ��s .
<br /> � ��������� �����,��� ������ �
<br /> STATE OF NEBRASSA, I
<br /> From IIall Co2anty, � ss.
<br /> Walter F.Johnson, single I he�-eby certify that this instrumer��t w filed for record in my office
<br /> at �` n'cl,ncTc A• D7., �►P�i1 2� 19 3� , and is
<br /> dul� recorded 2n book N Qn page 13 .
<br /> �„��� �s'���—�' Register of Deeds
<br /> To B�
<br /> Texas Production Cornpany Deputy.
<br /> Fees,$ 2.�`0
<br /> ���' r tQ'n so Qk OIL AND GAS M�NIN .�i �EASE ea e u . 7
<br /> � 0 b J.T.N. ����a�9�8°�y J.2 .
<br /> - 3�1 �9� y o
<br /> An Agreement, entered into this 2�. day of Fehy , is3 , between
<br /> �falter F.Johnson, a single man
<br /> lessor (whether one or more), and TEXAS PRODUCTYON COIvIPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of Twe.nty ----'� ---- Dollars ($ 2�,0� ), in hand paid, of the roya,lties herein provided (
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for formations
<br /> and prospecting and drilling for and producing oii and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines
<br /> and other structurea (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> land in �ja,l], County, Sta,te of Nebraska, to-wit:
<br /> North V9est° Quarter section 9ix Tr�wnship Eleven North Range ten West and l�orth East Quarter o
<br /> North East Quarter- of Seetion One Township Eleven North Ra.nge Eleven West and Eontaining 200
<br /> acres more or less.
<br /> 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter called "primary
<br /> term") and as long thereafter as either oil or gas is or can be produced from any well on said land; however, lessee at any time may release this leasa
<br /> in whole or in part.
<br /> 3. The royalties reserved by lessor, and which ahall be paid by lessee, are (a) on oil, one-eighth of that produced and saved from eaid land, the same I a
<br /> to be delivered at the wells or to the credit of lessor in the pipe line to which the wells may be connected, or, at the option of the lessee, from time to { a
<br /> w
<br /> time, the market price at the wells of such one-eighth on the day it is run to the pipe line or storage tanks, leasor's interest in either case to bear ita � C
<br /> proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from said land and sold or used off
<br /> the land or in the manufacture of gasoline, including casinghead gas, the market price at the well of one-eighth of the gas so sold or used, provided that
<br /> if and when lessee shall sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby given the
<br /> option of purchasing all or any part of said royalty rights from the lesaor at the best bona fide price offered by responsible thfrd parties when and if
<br /> offered for sale or transfer by lessor. �'I
<br /> 4. If drilling operations are not commenced on said land ��r��e�org on �rear fro�n is date, this lease sh�l�hen te�a te as to both parties, unless
<br /> lessee shall pay or tender-to lessor or to the credit of lessor in 13a.Y1� Of ti8.�r0� '�'�,ak'at aTTO�tY6p. �(which bank ia �
<br /> lessor's agent) the sux�► of Ten ---�----"�"""'--'—"�—'� „ -----�—�'—^—�--- Dollaxs ($ 10•�" ) �
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, fn �
<br /> like ma.nner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of six months during the �
<br /> primary term. The payments or tenders of rental may be made by the check or draft of lessee mailed or delivered to said bank on or before auch date
<br /> of payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devolu- C\�
<br /> tion, change or division in the ownership of said land, the payments or tenders of rental in the manner herein provided shall be binding on the succeasors,
<br /> assigns or legal representatives of leasor. If such bank (or any succeseor bank) should fail, liquidate or be succeeded by another bank, lessee shall not
<br /> be held in default for failure to make such payments or tenders until thirty days after lessor shall deliver to lessee an instrument in writing duly �
<br /> executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is considera.tion for this lease
<br /> according to its terms and shall not be alocated as mere rental for a period. V�
<br /> 5. IP prior to the discovery of oil or gas on said land lessee should drill a dry hole or holes thereon,this lease shall not be terminated thereby if lessee, t�
<br /> before the next ensuing rental paying date, commences further drilling operationa or commences or resumes the payment or tender of rentals. If after the �?
<br /> discovery of oil or gas the production thereof should cease from any cause, this lease ahall not be terminated thereby if lessee commences additional drilling .
<br /> ogerations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the next
<br /> ensuing rental paying date. If at the expiration of the primary term oil or gas is not being produced on said land but lessee is then engaged in drilling
<br /> operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they result in the production of oil or gas, so long ,
<br /> thereafter as oil or gas is or can be produced from any well on said land.
<br /> 6. Leasee sha11 have the free use of oil, gas, wood, coal and water from aaid land, except water from lessor's welis, for all operations hereunder, and the royalty oa oll I
<br /> and gas ahall be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during or after the expiration of this lease to remove
<br /> all �roperty and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lesaor, leasee wiil bury all pipe linea below I
<br /> ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lesaor shall have the privilege,
<br /> at the risk and expense of lessor, oE making connection and using gas from any gas well on said land for stoves and inside lights in the principal dwelling on said land out �
<br /> oY any surplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under this lease may be assigned in whole or in part and the provisions hereof ahall extend to the heirs, personal representativea, succeasore �
<br /> and assigns, but no sale or aseignment by lessor aha11 operate to enlarge the obligations or diminiah the rights and privileges of lessee. Should lessee aseign this lease ia
<br /> whole or in part lessor ahall look solely to the assignee for performance of fts terms as to the parts so assigned. No sale or asaignment by lesaor sha11 be binding on lesaee
<br /> + for any pnrpose until lessee shali be furnished with an instrument in writing evidencing auch sale or assignment. If lessee assigna thia lease in purt, the obligation (if any
<br /> exiats) to paY rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment o! rentals
<br /> ahall not affect the validity of the lease on the portion of land upon which pro rata rentals axe paid or tendered.
<br /> t 8. This lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform fn whole or in part any of its impiied.obligationa, nor while oil or gas L9
<br /> being produced in paying quantities for any cause whataoever, unless there shall first be a final judicial ascertainment that such obligation or cause exista and that lesaee � � ,
<br /> is in default. Upon such Yinal determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at leasee's election, to aurrender the
<br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee ahall not ba liable in
<br /> damages for breach of any implied obligation.
<br /> 9. IP six or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment for ali, \
<br /> and lessee ahall not be recluired to make payment until such instrument is furnished. Q�
<br /> 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, war, rebellion, inaurrection, riot, atPike, ���
<br /> differences with workmen, or failure of carriera to transport or furniah facilities tor transportation or as a result of some order, requisition or necesaity of the government,
<br /> or as the result of any cause whataoever beyond the control oY the lessee, the time of such delay or interruption shall not be counted againat lessee, anything ia thia leasa to
<br /> the contrary notwithstanding.
<br /> 11. Lessor hereby warrants and agrees to dePend the title to safd land and agrees that lessee, at lessee's option (but without any duty to do so), may pay and discharge
<br /> ariy taxes, mortgages or other liena upon &aid land, and in that event lessee shall be subrogated to such lien, with full right to enforce the same, and in additl0n thereto may �
<br /> reta.in for the satiafaction of such lien and interest all royalties or rentals accruing hereunder. IP lessor owns an interest in said land less than the entire fee aimple eatate,
<br /> then the Toyalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be diaputed by leasor, or any other peraon, �
<br /> the time covered by the pendency of such dispute shall not paym nts un�llthereeisea final ad uj dicatioin ortotherrdeterm nation of suc�diaputeYor payment of rentals or
<br /> royaStiea or for any other purpose, and lessee may suspend all �
<br /> po$�y(7� F_�.0 FiEREOF this instrument is executed on the date first above written. � •
<br /> 3_5_1�30�ya.�.E. L. DESCR P i ND&ADATA �falter F' .JOhnson cs�w)
<br /> � man cs��
<br /> � i ��� r�ssox �
<br /> Attest: � CURP TEXAS PRODUCTION COMPANY, �
<br /> J.C.Hudnall �sEAL sy A,R.�(ilson
<br /> Assistant Secretary. Vice President Cu
<br /> LESS�E
<br /> STATE OF NEBRASKA, �
<br /> County of
<br /> H81.1 ss'
<br /> On this 21 day of Fe • , 1�� , before me, a Notary Pubiic, in and for said County, persona.11y came the above named
<br /> �alter F.Johnson ana A single g1A.Y1 ,�ii�'tlC!!�, who are personally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed. I
<br /> Witness my hand and Notarial Seal the date last aforesaid. � �,�, Cr.C+.�V2A I
<br /> (SEAL) tir � Notary Public.
<br /> My commission expires on the 27 day of Ju�'y , 19 4 •
<br /> STATE OF COLORADO,
<br /> ss.
<br /> City and County of Denver,
<br /> On this ],1 day of Mareh , 19 3� , before me,a Notary Public, in and for said County, personally came the above named
<br /> A.R.�►i 1 son , Vice President and J•�+•���8�.1 Assistant Secretary of said Texas Production Company, who I
<br /> are personaliy lcnown to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant Secretary of aaid
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta.ry act and deed of said corporation,
<br /> Witness my hand and Notarial Seal the date last aforesaid. (sEAL) John T.Nystrom
<br /> Notary Public.
<br />
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